Legal Question in Wills and Trusts in Rhode Island
Laws of recent wills
My Uncle has made 3 different wills. In the very first one his money ($200,000) was to be split amongst 20 people. His last will before his death consisted of splitting the money among only 7 people. Many of the 20 who were'nt included are getting Lawyers to argue that thie first will in which they were included was to be in My uncle's best wishes because of his developing alzheimers in his later years. However, The most recent will consisting of only 7 people was made at least four years before he was thought to have been affected by the disorder. The latest will was initialed by my uncle on every page and was signed in the presence of an attourney. Will the most recent form of the will hold up? Should I take legal action?
-Thank you-
2 Answers from Attorneys
Re: Laws of recent wills
200,000 divided by 20 come to $10,000 less attorney fees and court costs. A will contest is difficult and expensive. It does not make business sense under the facts given.
Re: Laws of recent wills
Based on the information provided, the success of a will contest is questionable. The facts do not appear to support lack of legal capacity, invalid execution of the will, undue influence, or other grounds for contesting a will. However, there may be other important factors. Often, the contest of a will result in quick settlement by the beneficiaries rather than incur substantial legal fees, family conflict, delay in distribution of property, etc. You are advised to weigh all factors, perhaps consulting with an experienced attorney re legal options, procedures, and costs.
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